Step 3
Step 3
Step 3
Can This Ground Be Disputed?
Ground 6 Property Required for Redevelopment
1
Possible Dispute 1
"The proposed works are not substantial enough"
1. Explanation
If the landlord plans only minor repairs, redecoration, or upgrades (e.g., new kitchen units), these do not meet the legal threshold for “substantial works.”
2. Evidence
a) Description of works from the landlord or their contractor.
b) Comparison with previous case law on substantiality.
c) Expert assessment (e.g. surveyor) on the scale of the works.
3. Advancing your Defence
1
Possible Dispute 1
"The proposed works are not substantial enough"
1. Explanation
If the landlord plans only minor repairs, redecoration, or upgrades (e.g., new kitchen units), these do not meet the legal threshold for “substantial works.”
2. Evidence
a) Description of works from the landlord or their contractor.
b) Comparison with previous case law on substantiality.
c) Expert assessment (e.g. surveyor) on the scale of the works.
3. Advancing your Defence
1
Possible Dispute 1
"The proposed works are not substantial enough"
1. Explanation
If the landlord plans only minor repairs, redecoration, or upgrades (e.g., new kitchen units), these do not meet the legal threshold for “substantial works.”
2. Evidence
a) Description of works from the landlord or their contractor.
b) Comparison with previous case law on substantiality.
c) Expert assessment (e.g. surveyor) on the scale of the works.
3. Advancing your Defence
2
Possible Dispute 2
"The landlord can reasonably carry out the works while the tenant remains"
1. Explanation
If the landlord could carry out the works with the tenant in situ — perhaps by granting access or offering a temporary decant — then this ground may fail.
2. Evidence
a) Copies of proposed work plans showing which areas are affected.
b) Feasibility assessment or builder statements confirming whether the tenant’s presence would obstruct work.
c) Tenant’s willingness to grant access or agree to temporary partial relocation.
3. Advancing your Defence
2
Possible Dispute 2
"The landlord can reasonably carry out the works while the tenant remains"
1. Explanation
If the landlord could carry out the works with the tenant in situ — perhaps by granting access or offering a temporary decant — then this ground may fail.
2. Evidence
a) Copies of proposed work plans showing which areas are affected.
b) Feasibility assessment or builder statements confirming whether the tenant’s presence would obstruct work.
c) Tenant’s willingness to grant access or agree to temporary partial relocation.
3. Advancing your Defence
2
Possible Dispute 2
"The landlord can reasonably carry out the works while the tenant remains"
1. Explanation
If the landlord could carry out the works with the tenant in situ — perhaps by granting access or offering a temporary decant — then this ground may fail.
2. Evidence
a) Copies of proposed work plans showing which areas are affected.
b) Feasibility assessment or builder statements confirming whether the tenant’s presence would obstruct work.
c) Tenant’s willingness to grant access or agree to temporary partial relocation.
3. Advancing your Defence
3
Possible Dispute 3
"The landlord has no genuine or immediate intention to carry out the works"
1. Explanation
The landlord must show a real, near-future intention to begin works. If there is no planning permission, no budget, or no scheduled start date, the claim may be viewed as speculative.
2. Evidence
a) Planning permission or building control documentation.
b) Signed contract with a builder or architect.
c) Project timeline or correspondence showing readiness.
3. Advancing your Defence
3
Possible Dispute 3
"The landlord has no genuine or immediate intention to carry out the works"
1. Explanation
The landlord must show a real, near-future intention to begin works. If there is no planning permission, no budget, or no scheduled start date, the claim may be viewed as speculative.
2. Evidence
a) Planning permission or building control documentation.
b) Signed contract with a builder or architect.
c) Project timeline or correspondence showing readiness.
3. Advancing your Defence
3
Possible Dispute 3
"The landlord has no genuine or immediate intention to carry out the works"
1. Explanation
The landlord must show a real, near-future intention to begin works. If there is no planning permission, no budget, or no scheduled start date, the claim may be viewed as speculative.
2. Evidence
a) Planning permission or building control documentation.
b) Signed contract with a builder or architect.
c) Project timeline or correspondence showing readiness.
3. Advancing your Defence
4
Possible Dispute 4
"The landlord purchased the property during the tenancy"
1. Explanation
If the landlord acquired the property after the tenancy had already started, they are barred from relying on Ground 6.
2. Evidence
a) Land Registry showing the date of purchase.
b) Copy of the tenancy agreement showing start date.
3. Advancing your Defence
4
Possible Dispute 4
"The landlord purchased the property during the tenancy"
1. Explanation
If the landlord acquired the property after the tenancy had already started, they are barred from relying on Ground 6.
2. Evidence
a) Land Registry showing the date of purchase.
b) Copy of the tenancy agreement showing start date.
3. Advancing your Defence
4
Possible Dispute 4
"The landlord purchased the property during the tenancy"
1. Explanation
If the landlord acquired the property after the tenancy had already started, they are barred from relying on Ground 6.
2. Evidence
a) Land Registry showing the date of purchase.
b) Copy of the tenancy agreement showing start date.
3. Advancing your Defence
5
Possible Dispute 5
"The tenant succeeded to the tenancy from a regulated tenancy"
1. Explanation
If the tenancy began following succession from a regulated tenancy (e.g., a Rent Act 1977 tenancy), Ground 6 is not available.
2. Evidence
a) Documentation confirming succession (e.g. death certificate, previous tenancy records).
b) Letter from landlord at the time of succession acknowledging the change in status.
3. Advancing your Defence
5
Possible Dispute 5
"The tenant succeeded to the tenancy from a regulated tenancy"
1. Explanation
If the tenancy began following succession from a regulated tenancy (e.g., a Rent Act 1977 tenancy), Ground 6 is not available.
2. Evidence
a) Documentation confirming succession (e.g. death certificate, previous tenancy records).
b) Letter from landlord at the time of succession acknowledging the change in status.
3. Advancing your Defence
5
Possible Dispute 5
"The tenant succeeded to the tenancy from a regulated tenancy"
1. Explanation
If the tenancy began following succession from a regulated tenancy (e.g., a Rent Act 1977 tenancy), Ground 6 is not available.
2. Evidence
a) Documentation confirming succession (e.g. death certificate, previous tenancy records).
b) Letter from landlord at the time of succession acknowledging the change in status.
3. Advancing your Defence
Advancing your Defence
If the time limit for filing the defence has not passed
If the time limit for filing the defence has not passed, you need to clearly outline this defence, obtain the necessary evidence, attach the evidence and refer to the attached evidence in the defence form when you are explaining your dispute.
If the time limit for filing the defence has passed
If the time limit for filing the defence has passed, then you need prepare. a written draft of your reasons for the dispute, obtain the necessary evidence and bring it to court and be prepared to advance all such information to the Court Duty adviser, to the opposition, and to the Judge.
FAQ
FAQ
FAQ
Possible Outcomes of Advancing a Full Dispute
What is the effect if the Court Accepts my dispute within the hearing?
If the court finds that there is enough evidence to prove the Defendant’s full dispute of the claim, or a lack of evidence to prove the landlord’s claim, then the Court can dismiss the Claim and find in favour of the Defendant (the tenant) retaining possession of the property.
What is the effect if the Court Accepts my dispute within the hearing?
What is the effect if the Court Accepts my dispute within the hearing?
What happens if the court does not accept my dispute within the hearing itself but ‘finds that the claim is genuinely disputed on grounds which appear to be substantial‘?
What happens if the court does not accept my dispute within the hearing itself but ‘finds that the claim is genuinely disputed on grounds which appear to be substantial‘?
What happens if the court does not accept my dispute within the hearing itself but ‘finds that the claim is genuinely disputed on grounds which appear to be substantial‘?
What happens if the court does NOT accept my dispute within the hearing and does NOT find that the claim is ‘genuinely disputed on grounds which appear to be substantial‘?
What happens if the court does NOT accept my dispute within the hearing and does NOT find that the claim is ‘genuinely disputed on grounds which appear to be substantial‘?
What happens if the court does NOT accept my dispute within the hearing and does NOT find that the claim is ‘genuinely disputed on grounds which appear to be substantial‘?
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Achieve effective, efficient and actionable legal support with TenantShield.
Achieve efficient support by using
our Step-by-Step Legal Guides and AI Assistant.
Achieve effective, efficient and actionable legal support with TenantShield.
Achieve efficient support by using
our Step-by-Step Legal Guides and AI Assistant.